When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check. Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime. Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged.

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In Ohio, expungement is referred to as 'sealing of a criminal record,' and it allows certain criminal records to be hidden from public view, though they are not completely destroyed. Ohio law permits the sealing of criminal records for many types of offenses, including misdemeanors and some felonies, but there are exceptions for violent crimes, DUI/OVI convictions, and certain sex offenses, among others. To be eligible for record sealing, an individual must meet specific criteria, such as waiting a required period after the final discharge of their sentence and not having more than a certain number of prior convictions. Juvenile records can also be sealed and, in some cases, expunged, which is more common for juvenile records than for adult records. The process involves filing an application with the court where the conviction occurred, and a judge will determine whether the individual's interest in having the record sealed outweighs the government's interest in maintaining the record. If a record is sealed, the individual can legally deny the existence of the record in most situations. However, sealed records can still be accessed by law enforcement and some government agencies. It's important to consult with an attorney to understand the specific requirements and process for record sealing in Ohio.